Court File and Parties
COURT OF APPEAL FOR ONTARIO
DOHERTY, BORINS and FELDMAN JJ.A.
BETWEEN:
HER MAJESTY THE QUEEN
Respondent
And
FRANCIS NORMAN
Applicant/Appellant
Counsel: Brian McAllister for the appellant John Pearson for the respondent
Heard: April 10, 2007
On appeal from the conviction entered by Justice Joseph A. De Filippis of the Ontario Court of Justice on July 7, 2005 and the sentence imposed on August 25, 2005.
APPEAL BOOK ENDORSEMENT
1We have considered the submissions as to the alleged inadequacies in the reasons. We see no material misapprehension of the evidence. The trial judge properly understood the position of the defence. His reasons for accepting the evidence of the complainant are supported in the record. The reasons reveal no basis for reversal.
2Assuming the “Bero” analysis was applicable to the failure to obtain the vaginal sample from the complainant, the trial judge found that the failure to collect the sample did not constitute “unacceptable negligence”. We are not satisfied that there is any reason to interfere with this finding of fact.
3The appeal is dismissed. The sentence appeal is dismissed.